@KICNederland, 13360 Chittamwood Ln Frisco TX 75035, attorney Jason Van Dyke, attorney John Morgan Beaumont Texas, attorney Rick Espey San Antonio, Caroline Klein-Gear, Charley Klein, DeOrr Kunz, Deric Lostutter, JLVD, Klein Investigations and Consulting, Missing child DeOrr Kunz, Philip Klein Nederland Texas, Retzlaff v. Klein, Rick Espy Attorney at Law, Stormy Daniels, Susan Van Dyke
Good day, eh. As you, our teeming MILLIONS of readers, listeners, and supporters know: Fat, drunk, and stupid is no way to get through life… unless, of course, you are Nederland, Texas, based private investigator Philip Klein!
Klein, as you know, is very stupid (he still has yet to find a ‘missing’ child). And he is often times drunk and/or addled by drugs, and (as you can see above) he is quite fat (except when he is wearing his cute red shirt, which has a surprising slimming effect on his physique).
For those of you just waking up today, Klein just recently found himself yet again on the wrong-end of some judicial corruption completely orchestrated by a group of people who might or might not be in a grand civil conspiracy.
A lawsuit was filed against Philip Klein and his gang of thieves, liars, and con artists known as Klein Investigations & Consulting which was just resolved and which resulted in a very large award for damages against Klein & Company.
HOW DID THIS HAPPEN AND WHY???
Yes, judicial corruption, that’s how.
BUT FIRST SOME UPDATES….
Deric Lostutter, employee of James McGibney (who we don’t like) was recently released from federal prison after several years of incarceration for computer hacking and lying to the FBI. He was out of jail for just a few days (released on Sept 11) when his parole was revoked on Sept 13 for illegally having access to the internets. CHECK IT OUT!!
Lostutter, of course, is an employee of San Jose, CA based revenge porno perv James McGibney (who we don’t like) and his ViaView, Inc. sexual blackmail company. McGibney paid Lostutter $600 a week for his cyberstalking / computer hacker services. Lostutter was also paid to help McGibney in his numerous and varied SLAPP lawsuits.
McGibney, of course, is the self-styled Sheriff of the Internets who just loves to try to control people and what they say and how they act online. Notice how McGibney “cc’s” an FBI agent in his email below? Constantly invoking the FBI or claiming a special association with the FBI is a major theme of McGibney’s.
Of course, these other social media posts from McGibney will never not be funny.
After Lostutter was served with the Summons to appear in federal court by the U.S. Marshal’s Office, his previous attorney, Tor Ekeland, filed a motion to withdraw from the case because he no longer wanted to represent Lostutter. It seems that once the e-Fame ran out, Ekeland headed off to greener pastures (i.e. another poor sucker and his family caught up in computer crimes).
Unfortunately, it turns out that Lostutter’s new attorney was responsible, in part, for Lostutter being in violation of his parole. CHECK IT OUT!!
When the request for a continuance was denied on Sept 18 (see above), Lostutter and his attorney were both ordered to show up for court the following day, Sept 19. But they didn’t!
Lostutter and his attorney did not want to show up in court because they were too busying trying to get Lostutter’s statements to law enforcement suppressed and they were trying to get the U.S. Sixth Circuit Court of Appeals to issue some kind of “stay” or halt in the parole revocation proceedings.
FYI: The probation officer’s report states that Lostutter received a computer from the attorney for whom he worked, Stella House, who is also his counsel of record in this matter.
ADMIN NOTE: While we use terms like “probation officer” or “parole” and such throughout this article, keep in mind that these are just words that we use so that n00bs like you can easily follow along using simple words that you all know and understand. Keep in mind that in the federal system there is NO PAROLE, only “supervised release”, and there are no parole officers or parole conditions – there are just Conditions of Supervision.
In the United States, federal probation and supervised release are imposed at sentencing. The difference between probation and supervised release is that the former is imposed as a substitute for imprisonment, or in addition to home detention, while the latter is imposed in addition to imprisonment. Probation and supervised release are both administered by the U.S. Probation and Pretrial Services System. Federal probation has existed since 1909, while supervised release has only existed since 1987, when it replaced federal parole as a means for imposing supervision on releasees from prison.
*** CLICK ON IMAGE TO VIEW ON YOUR MOBILE DEVICE ***Doc 162 - D's mtn to suppress
*** CLICK ON IMAGE TO VIEW ON YOUR MOBILE DEVICE ***Doc 161 - D's pro se mtn for stay
So if all of this seems a bit confusing for you, let us, your Admins of the BV Files, try to set the record straight and create a coherent timeline of the relevant events for you.
While Lostutter was still in federal prison serving his sentence, on March 2, 2018, the district court denied Lostutter’s motion seeking the modification or vacation of six separate conditions of his supervised release, including the condition prohibiting Lostutter from possessing or using a device with access to any “on-line computer service” without his probation officer’s approval. That request was DENIED.
Lostutter filed an appeal to the Sixth Circuit Court of Appeals and the matter has now been fully briefed by both parties and is awaiting a decision from the Court.
In the meantime, Lostutter thought he was going to be getting out of jail this summer and going to North Carolina to live with his wife, Jennifer, who is a prostitute and a drug addict.
His wife’s Chaturbate profile reads, “I’m 28, Dominican and Black. I love to be on top, dominate. Stripper by day, vixen by night. I love giving head, it turns me on.”
Lostutter’s bio: “I enjoy club life, craft beers, tequila and bourbon. I am addicted to tattoos, action movies, and nature. Im a self described ‘nerd’ and love good conversation. I like rough sex, definately an ‘ass man.'”
They include a link to an Amazon wish list — which includes a crock pot, a quesadilla maker and a riding crop, among other things — and promise to reward gifts with everything from a thank you card to “A full private cum show for your eyes only!” In a recent show, the pair sat on a couch, her in red stockings and a thong, and him in army-print boxers. She gave him a blow job while chat room commenters responded with things like, “wow” and “luv it.”
(And the rest of the pics are pretty disgusting – too disgusting for us to post here on this blog, and we have pretty low standards!)
But, of course, Reality reared its ugly head and the prostitute / drug addict flew the coop, divorcing Lostutter prior to his release leaving Lostutter high and dry without a place to go to. So he remained incarcerated for an additional several months while the Bureau of Prisons (BOP) tried to find him a halfway house or homeless shelter to go live at. (Too bad for Lostutter that he does not have a rich family, eh?)
He finally gets out in September 2018, and gets a job working at a Pizza Hut and, eventually, a local Rent-A-Center store as a manager (a job he since had to give up because of the whole “I cannot have access to computers / The Internet” thing). Interestingly enough, he also got a job working as a “legal aide” to his attorney, Stella House. So good for him, right?
No, not so good after all.
On September 13, 2018, Lostutter’s probation officer petitioned the district court to issue a summons for Lostutter based on alleged violations of the special condition prohibiting Lostutter from possessing or using a device with access to an on-line computer service. That same day, the magistrate judge scheduled the matter for an initial appearance at 10:30am on September 20, 2018. Counsel for Lostutter, Stella House, then began filing a series of motions on September 17 and September 18, seeking a continuance of the initial appearance hearing, based on her alleged unavailability on September 20.
Then, on September 19, 2018, Lostutter filed a pro se pleading in district court seeking a stay of the revocation proceedings pending the outcome of his appeal of the denial of his motion to modify his parole conditions that is before the Court of Appeals.
Lostutter is basing his appeal on the recent U.S. Supreme Court case Packingham v. North Carolina, 137 S. Ct. 1730 (2017), which is a United States Supreme Court decision holding that a North Carolina statute that prohibited sex offenders from accessing social media websites violated the First Amendment to the United States Constitution.
FUN FACT: The case arose following the 2010 arrest of Lester Gerard Packingham, previously convicted of inappropriate sexual behavior with a minor in 2002 (but having served his criminal punishment), for posting to Facebook a comment favorably on a recent traffic court experience in 2010. Packingham was charged under North Carolina’s statue that prevented registered sex offenders from using social media sites. Challenged in state courts, Packingham argued that the statute violated his First Amendment rights and the ability to use such sites for daily use in the dot-com era, and eventually sought the United States Supreme Court to hear the case, asking the Court to use strict scrutiny when looking at First Amendment rights violations under this law.
In a unanimous judgment issued in June 2017, the Court ruled the North Carolina statute unconstitutional, and that social media — defined broadly enough to include Facebook, Amazon.com, the Washington Post, and WebMD — is considered a “protected space” under the First Amendment for lawful speech. The Court offered that North Carolina could protect children through less restrictive means, such as prohibiting “conduct that often presages a sexual crime, like contacting a minor or using a website to gather information about a minor”.
As many of you, our teeming MILLIONS of readers, listeners, and supporters, well know, we feel that James McGibney (who we don’t like) is a child sex predator for running a revenge porn website in which he posted the intimate photographs of little girls and young women (and some men!) and then charged them money to remove the stuff.
And, of course, you also know that, according to documents filed in a Texas District Court, Texas attorney / Nazi, Jason Lee Van Dyke, has the look of a pedophile.
Too bad none of these guys can’t be banned from The Internet for life, eh?
In any event, as you can see from Page 5 of the Judgment below, the trial court ordered that several Special Conditions be applied to Lostutter with regards to computers and access to the interwebs.
9. The defendant shall not possess or use a computer or any device with access to any “on-line computer service” at any location (including place of employment) without the prior written approval of the probation officer. This includes any Internet Service provider, bulletin board system, or any other public or private network or e-mail system.
10. The defendant shall consent to the U.S. Probation Office conducting unannounced examinations of his computer system(s) and internal/external storage devices, which may include retrieval and copying of all memory from hardware/software and/or removal of such system(s) for the purpose of conducting a more thorough inspection and will consent to having installed on his computer(s), any hardware/software to monitor his computer use or prevent access to particular materials, and to consent to periodic inspection of any such installed hardware/software to insure it is functioning
11. The defendant shall provide the U.S. Probation Office with accurate information about his entire computer system (hardware/software) and internal/external storage devices; all passwords used by him; and will abide by all rules of the computer Restriction and Monitoring Program.
12. The defendant shall not communicate or attempt to communicate, either directly or indirectly, in any form, to include through internet websites or services, any message, content, information, or other communication that has the purpose or intent to be threatening, harassing, or intimidating to another individual (to include the individual’s family), a corporation, or an organization. Threatening, harassing, or intimidating communications include any communication that has the intent to inflict punishment, loss, pain, or damage to another individual (to include the individual’s family), a corporation, or an organization or to the individual’s (to include the individual’s family’s), corporation’s, or organization’s property, is meant to cause distress or alarm to an individual (to include the individual’s family), a corporation, or an organization, or is meant to coerce into action or place under duress, whether it be emotionally, physically, or financially, any individual (to include the individuals’ family), corporation, or organization.
*** CLICK ON IMAGE TO VIEW ON YOUR MOBILE DEVICE ***ECF 109 - Lostutter judgment
Keep in mind, that, unlike the blanket ban / prohibition of access to the internet in the Packingham case, the district court in Lostutter’s case narrowly tailored the special conditions imposed on Lostutter to meet both the cyber-crime for which he was convicted, his bond violations, as well as his well-documented history of cyber-bullying.
This tailored set of time-limited conditions is readily distinguishable from the broad and indefinite restrictions at issue in Packingham because Lostutter is still allowed access to the interwebs provided he first seeks permission from his parole officer. Plus, these Special Conditions only last as long as Lostutter remains on parole. Once his parole is done, he is free to do whatever.
So, anyways, Stella House was removed as Lostutter’s attorney (due to her being the one who gave him a computer), the revocation hearing was eventually held, and justice was eventually served with a GUILTY finding.
So there you go. Sucks to be Deric Lostutter.
NAZI ATTORNEY JASON VAN DYKE UPDATE….
Some Random Person We’ve Never Heard Of Before participated in a deposition last week involving ‘Proud Boy’ member Texas attorney Jason Van Dyke. According to sources close to the investigation (which consist entirely of the voices in our heads), the deposition did not go well for Van Dyke at all – and he got absolutely no help whatsoever from U.S. District Court Judge Amos Mazzant!!!
The deposition (of which we heard a video exists!) lasted nearly four hours and, in the end, after repeated questioning and hammering, Van Dyke decided he was not going to take it any more. So he got up and left in a very angry huff, muttering under his breath while sucking on an e-Cigar like a man’s penis – seriously!
Oh, and this is interesting…
We here at the BV Files are not quite sure how someone can commit a physical trespass upon someone’s property from across state lines. But these kinds of threatening “cease and desist” letters from Van Dyke are par for the course. He hands them out like confetti to anyone he does not like thinking that he can intimidate or control them.
Unfortunately for Van Dyke, he has encountered a man who simply cannot be intimidated by his bombastic threats and nonsensical legal claims. According to Some Random Person We’ve Never Heard Of Before, his close and personal friend responded to this letter with the following:
Thank you for trying to keep me informed, but your October 25, 2018, communication is a bit scant on detail. You do not reveal even in what state your new client’s property (on which you seek injunctive relief to prevent Mr. Retzlaff’s trespassing) is located, much less the property’s address. I’m not sure how a person to be restrained could be punished for trespassing on some unidentified “owned or leased” property. If the “Frisco” you refer to is a city in Texas, is it your contention that Arizona resident Retzlaff’s trespass on your new client’s Texas property is “imminent”? If so, I would be interested in knowing your good faith factual basis for any such contention.
So who is this mysterious Susan Van Dyke? Why it is this lady right here!!!
DO NOT GO TO THIS HOUSE – YOU WILL MAKE VAN DYKE VERY ANGRY
In case any of you were wondering why American Hero & Honorary Admin of the BV Files Houston attorney Jeffrey Dorrell was not answering his phone or was out of his office last week, we can now reveal that he was in California. More precisely, Beverly Hills, consulting and working on the anti-SLAPP motion for attorney’s fees and sanctions that was just filed this afternoon on behalf of President Donald Trump in the LOLsuit that was filed by porno star / prostitute / drug addict Stormy Daniels (aka Stephanie Clifford).
In a straight cut & paste job from Mr. Dorrell’s previous TCPA filings in both the Rauhauser and Morgan anti-SLAPP cases, President Trump’s attorneys are seeking $341,000 in attorney’s fees, with sanctions to be determined by the court. CHECK IT OUT!!
*** CLICK ON IMAGE TO VIEW ON YOUR MOBILE DEVICE ***Daniels v Trump ' D's mtn for TCPA attny fees & sanctions
JUST HOW IMPRESSED DO YOU THINK FORT WORTH JUDGE DONALD COSBY WILL BE ONCE THE MCGIBNEY LAWSUIT GETS SENT BACK TO HIS COURT AND MR. DORRELL, ONCE AGAIN, DEMANDS “MASSIVE” SANCTIONS AND ATTORNEY’S FEES??
Keep in mind that the Court of Appeals only required that the “i’s” be better dotted and the “t’s” better crossed when it comes to proving up the ‘reasonable’ attorney’s fees Mr. Dorrell and the defendants are requesting. It said absolutely nothing at all about how much (or how little) those fees may be. It left that entirely up to the “sound discretion” of Judge Cosby.
This, of course, does not bode well for Jason Van Dyke. The Justices on the U.S. Fifth Circuit Court of Appeals will be under enormous pressure to allow for the application of the Texas Citizens Participation Act in the federal courts because, well… because that is what the President wants and that is what the citizens want, as well, through their duly elected state legislature who voted the TCPA into law to begin with. The Fifth Circuit will not want to encourage the forum shopping for specious defamation claims – 100% VERIFIED!
We will bring you further updates as the story develops.
Philip Klein is a criminal and a scam artist who is licensed as a private investigator in Texas. He owns Klein Investigations & Consulting based out of Nederland, Texas.
Klein Investigations is a family affair with Philip employing his two children, Caroline and Charley, and his wife, Inga, along with a group of criminals, degenerates, and reprobates. They travel around the country scamming families of missing children out of their moneys with false promises and false claims.
Klein and Company are being sued for $8 million in San Antonio for forging Mexican court documents and making a series of false police reports that got two innocent people arrested.
They are also being sued in Idaho by the family of missing child DeOrr Kunz in Bonneville County, Idaho, for breach of contract, intentional infliction of emotional distress, defamation, and fraud. Klein was hired by the family to find a child who went missing. Klein, in turn, took their money ($20,000), he then proceeded to go on a PR junket and get his face all over the TV by falsely claiming that the child was MURDERED by the family!!
They are also seeking MILLIONS of dollars in damages.
Klein is also being sued in Jefferson County, Texas, for trying to kidnap and possibly sexually assault two young girls while engaging in illegal bounty hunting on behalf of Al Reed Bail Bonds, a local bail bonds company. Both Al Reed Bail Bonds and Klein are being sued alongside Steve Hartman, Klein’s employee, who was arrested and later convicted of criminal charges.
Klein, Hartman, Klein Investigations, and Al Reed Bail Bonds are being sued for MILLIONS of dollars in damages.
In a clear example of the old saying There Is No Honor Among Thieves, Al Reed Bail Bonds filed a lawsuit against Klein Investigations over Klein failing to live up to their bounty hunting contract.
Klein, who is representing himself, filed a response.
Klein, being the master litigator that he is, demanded a trial by jury. His Star Witnesses were his two children, Caroline and Charley Klein, pictured below.
The jury was only out for a short time before they came back with their unanimous verdict. CHECK IT OUT!!
And then came the Final Judgment…
So why did this happen?
Because we here at the BV Files always try to give you all the news that is news around the world – sometimes even before it happens – we are able to give you a sneak preview of this Sunday’s upcoming post from Klein’s very own SE Texas Political Review blog even before Klein gets drunk and types it up. CHECK IT OUT!!
The corruption of the Jefferson County is now complete with even small claims court judges in on the fix. Reliable sources have told the Review that federal judge Keith Giblin was behind the scenes, having lunch and ruminating with a particular JP and jurors while the case was going on. It is also believed that Jeffrey Dorrell had a “skype conference” with the jurors during deliberations and Mark Sparks and Tom Retzlaff were on the call. And where is Chip Ferguson in all of this? All we know is that the Review will still try to keep its 100% accuracy on the upcoming elections by predicting every race could go either way. Until then, move out of Jefferson County!
So who is this corrupt small claims court judge? you ask. Why he is none other than the Honorable Brad Burnett – a well known member of the Republican Party in Jefferson County!
This tweet from James McGibney (who we don’t like) will never not be funny!
Members of the Dorrell – Retzlaff Death Threats Team include (but are not limited to) the following:
Remember how we told you above that there is an $8 million lawsuit pending against Klein in San Antonio, Texas? Some documents were filed last week that you, our teeming MILLIONS of readers, listeners, and supporters, will find quite intriguing – 100% VERIFIED!
Shortly thereafter, a letter from the Hanszen Laporte law firm, who is representing the plaintiffs, was filed.
The fact that first the defendant, and then the plaintiff, both submitted letters requesting the canceling of all of the upcoming court hearings means that something VERY SIGNIFICANT has happened.
When we, your Admins of the BV Files, found out about this, we made some phone calls to the Bexar County District Clerk’s Office. We found out that on April 24, 2018, Klein and his attorney John Morgan filed a motion demanding that the case be sent to mediation in order to resolve the case without the necessity of a trial.
This summer there was a hearing on Morgan’s and Klein’s request and, according to the judge’s docket notes, we found out that the court ordered mediation to take place not too long ago!
As our long time readers will recall, Morgan and Klein tried to drag American Hero & Honorary Admin of the BV Files Thomas Retzlaff into this case by trying to issue a subpoena on internet service provider GoDaddy.com for business records relating to Retzlaff, which resulted in Retzlaff and Houston attorney Jeff Dorrell both filing a motion to quash the subpoena. Morgan and Klein then filed a motion to have Retzlaff and Dorrell declared in contempt of court, which resulted in an anti-SLAPP motion being filed in which mandatory sanctions and attorney’s fees were sought; thus, delaying the trial in this case for close to two years.
Needless to say, Klein’s liability insurance company was absolutely not pleased with this development and Retzlaff’s involvement!!
As our long time readers will recall, Klein’s insurance company obtained local counsel for Klein to represent him in this multi-million dollar lawsuit.
But after about a year on the job, and Espy getting paid by the insurance company, Philip Klein’s close and personal friend, Beaumont attorney John Morgan, was in a terrible jam and needed some financial help from his long-time running buddy and “capper”. So Klein engineered an Aryan Brotherhood threat hoax and sent two of his employees / friends to go to San Antonio to personally threaten Rick Espy to get him off of the case.
See, it has been a long time theme of Klein and Morgan (and James McGibney, who we don’t like) to always claim that there is a Grand Civil Conspiracy against them involving Retzlaff, Dorrell, and the Aryan Brotherhood. In fact, during a deposition in federal court for Klein’s lawsuit against American Hero & Honorary Admin of the BV Files Texas State Judge Layne Walker, Klein testified under oath to the following:
Now in case you find that image a little hard to read, we cut and pasted the words of Philip Klein below:
During the course and scope of hiring, I turned the — when I was sued for 8 million dollars, which is currently pending, Mr. Dorrell sued me. And I turned it over to my insurance company because it was act or omission. Insurance company hired a gentleman by the name of Rick Espey, very fine man out of Bexar County, Texas, to represent me. Mr. Espey received a visit from two gentlemen that stated they were from the Aryan Brotherhood and that they needed to drop the case against me. Equally his daughter who goes to Pepperdine University received a threat. Mr. Espey had to drop out of the case because of the fear of the threats from his family. That initiated investigation by the U. S. Department of Justice in Austin, Texas, who linked in and — with the U. S. Department of Justice in Houston, Texas. And my understanding is is that there are possibility of indictments coming down —
Now according to sources close to the investigation (which consist solely of the voices in our head), Rick Espy really was visited by a person or persons claiming to be from the Aryan Brotherhood and really was threatened! And, on October 8, 2015, he really was forced to withdraw from the case!!
In the fall of 2015, Morgan was really in a serious financial bind, what with him losing a SLAPP lawsuit that he had filed against the attorney who represented his ex-wife, Cheryl Johnson-Todd. In an order from the Beaumont Court of Appeals dated May 14, 2015, the Court declared that an injunction obtained by Morgan against Jeff Dorrell and Ms. Johnson-Todd to be illegal and unconstitutional. Said injunction being a prohibition against them discussing Morgan’s arrest and guilty plea to perjury for filing a series of false police reports against his ex-wife.
Later, in a blistering opinion dated October 29, 2015, that same Court of Appeals found Morgan GUILTY of violating the Texas anti-SLAPP statute, the Texas Citizens Participation Act, and ordered him to pay mandatory sanctions and attorney’s fees. (Which ended up being over $65,000!!)
Thus, John Morgan was in desperate need of a steady supply of money since all of his clients had dried up and nobody wanted to hire him – especially since (in addition to the perjury arrest and conviction), Morgan had just been arrested for trying to MURDER his ex-wife and three children with a butcher’s knife, naked while high on drugs!
Rick Espy and his family were the perfect targets to his and Klein’s scheme of Aryan Brotherhood death threats – a nice guy with a nice family, with a nice law practice, and a lot to lose.
But now with a firm trial date set for December 10, 2018, in the San Antonio lawsuit, and with Morgan and Klein both knowing that they would be extensively questioned – along with Rick Espy – at the trial about this Aryan Brotherhood nonsense, Klein and Morgan needed a way out. After all, we do not have to have any inside knowledge from Retzlaff or Dorrell to know what their strategy would be. It is common sense that this line of questioning would take place, right? After all, extraordinary claims require extraordinary proof!
So when we see in the court’s files that (1) Morgan is requesting that all of the upcoming hearings be canceled shortly after the court ordered mediation took place, and when we see that (2) the insurance company is on the hook for at least $2 million in liability coverage, and when we see that (3) Klein has been caught red-handed telling outrageous lies under oath in his other lawsuits, and when we see that (4) the insurance company has been paying Klein’s legal defense for the past FOUR YEARS on this BULLSHIT, we can easily come to the inescapable conclusion that……
well, we will just have to wait to see what that is, m’kay?
It sure has been awfully quite around the Interwebs lately from members of the McGibney Gang. We, your Admins of the BV Files, wonder why. Is it because of the two MASSIVE loses that Philip Klein suffered in his lawsuits last month.
Or is it because of that MASSIVE ass-raping that Texas attorney / Nazi Jason Lee Van Dyke has been experiencing at the hands of “a man who simply cannot be intimidated?”
Or is it because reality has finally set in for James McGibney (who we don’t like), what with the upcoming do-over on the anti-SLAPP sanctions hearing in Fort Worth?
Or could it be ALL OF THE ABOVE? In any event….
HERE IS A SPECIAL PREVIEW FROM OUR NEXT ARTICLE!!
Tell us again, McGibney, how you are ‘winning’, please.
Worked out perfectly, didn’t it, Piss Boy?
The Truth Will Set You Free, But First It Will Piss You Off!
SO. HOW WAS YOUR WEEK?